Commission Meeting Agenda Item
Ordinance 2021-13 (Second and Final Reading) — An Ordinance Amending the Town of Lady Lake Comprehensive Plan; Incorporating a Property Rights Element
Staff Recommended Motion
Staff recommends approval of Ordinance 2021-13.
Florida House Bill 59 was signed into law on June 29, 2021, by Governor Ron DeSantis, and became effective July 1, 2021. The new law requires that “Each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida Statutes”.
The draft Ordinance 2021-13 was prepared based upon the model ordinance as provided by the 1000 Friends of Florida organization. Some of the original language was altered or omitted to maintain consistency with the Town’s public hearing protocol as well as the other elements of the Comprehensive Plan. Although the new Private Property Rights Element contains very few goals, objectives, and policies in comparison to the other elements of the Comprehensive Plan, staff feels that the language of the element as written addresses the requirements of House Bill 59.
Should the Town not adopt a Private Property Rights element, the Department of Economic Opportunity (DEO) will not conduct review of subsequent Comprehensive Plan amendments submitted to the department, this includes Future Land Use Map Amendments. Not having the ability to amend the future land use classification of property may result in economic impacts for the Town of Lady Lake and may impede a property owner from utilizing their property in the manner which they desire.
On Monday, October 18, 2021, the Town Commission adopted Ordinance 2021-13. Following the second and final reading of the ordinance, the adopted amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on Wednesday, November 3, 2021.
Upon receipt of the amendment package by DEO, Town Staff was informed that the amendment would not be accepted by the department because it was transmitted as an adopted amendment, not a proposed amendment. The amendment should have followed the Expedited State Review Process which requires a proposed amendment to be transmitted to DEO for review and comment prior to the second and final reading of the ordinance. In error, Town Staff processed the amendment as it would a Small-Scale Amendment which allows consecutive readings of an ordinance without review by the DEO. On Monday December 20, 2021, Ordinance 2021-28 was adopted which repealed the final adoption of Ordinance 2021-13. On December 28, 2021, the amendment was resubmitted to DEO for their review. Upon receipt of the department’s comments, the text of GOAL PPR 1 was amended as follows:
GOAL PPR 1: The Town of Lady Lake will engage in local decision making with respect for property rights and with respect for people’s rights to participate in decisions that affect their lives and property.
The text above is the only modification to Ordinance 2021-13 since first reading.
The Technical Review Committee (TRC) members individually reviewed the proposed ordinance and have found the document complete and ready to move forward to the Planning & Zoning Board.
At the September 13, 2021 meeting, the Planning and Zoning Board voted 3-0 to forward Ordinance 2021-13 to the Town Commission with the recommendation of approval.
At the October 4, 2021 meeting, the Local Planning Agency voted 5-0 to approve Ordinance 2021-13.
At the October 4, 2021 meeting, the Town Commission voted 5-0 to approve Ordinance 2021-13.
On Monday December 20, 2021, Ordinance 2021-28 was adopted which repealed the final adoption of Ordinance 2021-13.
Source of Funding
Draft Ordinance 2021-13
AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA, AMENDING THE TOWN OF LADY LAKE COMPREHENSIVE PLAN; INCORPORATING A PROPERTY RIGHTS ELEMENT; PROVIDING FOR REPEAL OF ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.3167, Florida Statutes, requires Town of Lady Lake to maintain a comprehensive plan to guide its future development and growth; and
WHEREAS, Section 163.3177(6)(i)1., Florida Statutes, requires the Town of Lady Lake comprehensive plan to include a property rights element; and
WHEREAS, the Town of Lady Lake respects judicially acknowledged and constitutionally protected private property rights; and
WHEREAS, the Town of Lady Lake respects the rights of all people to participate in land use planning processes; and
WHEREAS, this ordinance will amend the comprehensive plan by adding a property rights element.
NOW, THEREFORE, BE IT ORDAINED by the Town Commission of the Town of Lady Lake, Lake County, Florida:
SECTION 1. The Town of Lady Lake comprehensive plan is amended by adding the property rights element attached as Exhibit A and made a part of this ordinance as if set forth in full.
SECTION 2. Conflict
All ordinances made in conflict with the Ordinance are hereby repealed to the extent of such conflict.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by a Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof.
SECTION 4. Effective Date
This Ordinance shall become effective immediately upon adoption.
PASSED AND ORDAINED this 23rd day of February, 2022 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon Second and Final Reading.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
XI. PRIVATE PROPERTY RIGHTS ELEMENT
GOAL PPR 1: The Town of Lady Lake will be making planning and development decisions with respect for property rights and with respect for peoples’ right to participate in decisions that affect their lives and property.
OBJECTIVE PPR 1-1: Town of Lady Lake will respect judicially acknowledged and constitutionally protected private property rights.
Policy PPR 1-1.1: Town of Lady Lake will consider in its decision-making the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.
Policy PPR 1-1.2: Town of Lady Lake will consider in its decision-making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.
Policy PPR 1-1.3: Town of Lady Lake will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.
Policy PPR 1-1.4: Town of Lady Lake will consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift.
OBJECTIVE PPR 1-2: People have the right to participate in planning and development decisions that affect their lives and property. Town of Lady Lake decision-making will be transparent so that all people may participate in decisions that affect their lives and property. Policies 2.1 through 2.3 provide minimum standards for some planning and development decisions. Land development regulations may provide for additional processes and standards.
Policy PPR 1-2.1: Decisions for which Town of Lady Lake must follow policies 2.2 and 2.3. Town of Lady Lake must follow the procedures in policies 2.2 and 2.3 when the Town amends this comprehensive plan; changes the zoning designation of property; or approves a development order for more than nine residential dwelling units, for more than 9,999 square feet of non-residential development, governing more than five acres of land, requiring a variance, or requiring a special exception.
Policy PPR 1-2.2: Public hearing necessary. A decision policy 2.1 identifies must occur in a public hearing meeting the standards of this policy.
A. Any affected person may participate. Town of Lady Lake recognizes that planning and development decisions affect complex systems and have impacts that occur beyond the site of development. Any affected person may participate in and be a party to a hearing on a decision this policy governs. An affected person is any person or local government that will suffer an adverse effect to an interest protected or furthered by this comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large. An owner, developer, or applicant for a development order is an affected person. An association representing the interest of one or more members when the interest is within the association’s general scope of interest and activity is an affected person.
B. An affected person’s right to be heard. Town of Lady Lake recognizes that it should make planning and development decisions in response to true and accurate information. In all decisions this policy governs, Town of Lady Lake will provide every affected person an equal opportunity to be heard, to present and rebut evidence, and to be informed of all information on which Town of Lady Lake bases its decision.
Policy PPR 1-2.3: Town of Lady Lake must mail notice. Town of Lady Lake recognizes that a person cannot participate in decisions about which they are unaware. In addition to providing notice as other laws require, when Town of Lady Lake makes a decision Policy 2.1 identifies that relates to a piece or to pieces of real property that Town of Lady Lake can specifically identify, Town of Lady Lake will, at least 14 days before the hearing, mail notice of the hearing to the owners of real property and to residents within 150 feet of the real property to which the decision relates.
OBJECTIVE PPR 1-3: People rely on this comprehensive plan and on the zoning designations of properties when deciding how to use property. Town of Lady Lake decision-making will be reliable and predictable to promote sound, long-term investments in the community. Policies 3.1 through 3.3 provide minimum standards for some planning and development decisions. Land development regulations may provide for additional processes and standards
Policy PPR 1-3.1: Decisions for which Town of Lady Lake must follow policies 3.2 and 3.3. Town of Lady Lake must follow the procedures in policies 3.2 and 3.3 when Town of Lady Lake amends this comprehensive plan or changes the zoning designation of property.
Policy PPR 1-3.2: Majority vote required. Town of Lady Lake may only make a decision policy 3.1 identifies by the affirmative vote of a majority of Lady Lake Town Commission.
Policy PPR 1-3.3: Right to evaluate proposed decisions. Town of Lady Lake respects the right of people, including elected officials, to fairly evaluate proposed decisions this objective governs. The Town of Lady Lake may only make a decision policy 3.1 identifies ten or more days after Town of Lady Lake has made available to the public the specific decision Town Commission will consider and the written record which will support the Commission’s decision.